Before you may register as a buyer to shop on Jack’s Antique, LLC (“Seller”) site jacksantique.com (the "Site"), you must read and accept all of the sections below, as amended from time to time (collectively, the "Agreement"). This Agreement is immediately effective for current Buyers and upon acceptance by new Buyers. As used in these Terms, "Buyer" shall mean any party who registers with the Site to shop online.
Seller’s Authority. Seller has the sole authority and discretion to operate and maintain the Site. Accordingly, Seller reserve the right to remove any item, picture, or posting from Seller’s Site at any time for any reason, without notice to any Buyer. Seller is under no obligation to remove or change any item, picture, or posting from Seller’s Site at any Buyer's request and any such requests shall be resolved at Seller’s sole discretion. In transacting with Seller, Buyer is solely responsible for exercising the principle of "buyer beware" just as Buyer would in any real marketplace. In the event of a concern, claim or dispute, Buyer shall communicate directly with Seller in resolving such concern, claim or dispute. Seller reserves the right to refuse service to anyone, to reject any Buyer membership applications, and to discontinue existing service at any time due to reasons which Seller considers, in Seller’s sole discretion, to be disruptive to the business and reputation of Seller’s Site.
Buyer Representations and Covenants. By using Seller’s services you represent to us that (a) you are not a minor under applicable laws and you have the authority to enter into legal contracts; (b) the information you have provided us during the registration process and afterward is to the best of your knowledge complete, truthful and accurate. By continuing to access the Site, you also agree that you will:
You agree that you will not:
Intellectual Property Rights This Agreement does not grant you any intellectual property rights in Seller’s trade name, trademarks, logos, the Site, and any content developed by us, which shall remain Seller’s intellectual property.
Content License. When you provide us with content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free right to exercise the copyright, publicity and database rights (but no other rights) you have in the content, in any media known now or in the future.
Termination. This Agreement is terminable at any time by any party. If you terminate this Agreement, you agree to no longer access or use Seller’s Site as a Buyer.
Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL SELLER BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE OUR SITE AND SERVICES, HOWSOEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL SELLER’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE PURCHASE PRICE YOU HAVE PAID SELLER FOR THE ITEM(S) IN DISPUTE. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF SELLER’S SITE AND SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. SELLER’S SITE, SERVICES AND GOODS ARE PROVIDED "AS IS" AND WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND SELLER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO SELLER’S SITE AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. SELLER DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF SELLER’S SITE AND SERVICES, THAT THE FUNCTIONS CONTAINED IN SELLER’S SITE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS IN THE SITE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SELLER OR SELLER’S REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. SELLER DOES NOT PROVIDE ANY WARRANTIES OR GUARANTEES OF ANY KIND WITH RESPECT TO ANY ITEMS YOU PURCHASE FROM ANY SELLER, AND EXCEPT AS STATED IN SELLER’S RETURN POLICY ON THE SITE, SELLER DOES NOT PROVIDE ANY REMEDIES TO ANY BUYERS WITH RESPECT TO ANY SUCH ITEM.
Indemnification. You will indemnify and hold Seller (and Seller’s officers, directors, agents, and employees) harmless from any claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or any rights of a third party.
No Agency. No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement.
Governing Law; Severability. This Agreement will be governed by and construed in accordance with the laws of the State of Arizona, as applied to agreements entered into and to be performed entirely within Arizona between Arizona residents, without regard for conflict of laws principles. If for any reason a court of competent jurisdiction finds any provision, or portion of this Agreement to be unenforceable, the remainder of this Agreement shall continue in full force and effect.
Venue. The parties agree that any claim or dispute that arises under this Agreement shall be resolved by a court located in Coconino County, Arizona, except as otherwise agreed by the parties. The parties agree to submit to the personal jurisdiction of the courts located within Coconino County, Arizona, for the purpose of litigating all such claims or disputes.
Notices. Unless specifically provided otherwise, all notices under this Agreement may be provided via email or ordinary first class U.S. mail at the sending party's election. Email notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Notice sent by mail shall be deemed given three (3) days after the date of mailing. Seller’s address for notices is: 4650 North US Highway 89 Suite G014, Attn: John Delaporte; email: email@example.com. Notices from us to you shall be sent to the email address you provided to us during your registration process. Notices from us to you which Seller chooses to send via ordinary first class U.S. mail shall be sent to the address you provided during the registration process.
Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the use of Seller’s Site and services and supersedes all prior or contemporaneous understandings regarding such subject matter, whether oral or written, with the exception of any additional terms and conditions you are required to accept if you choose to use any of Seller’s additional services.
Additional Policies. In addition to this Agreement, there are other policies governing the buying and selling and general user experience that Seller posts on Seller’s Site under "Policies." Seller’s Policies may be changed from time to time and such changes take effect when Seller posts them on the Site. Seller will not notify you when Seller amends any Policies. When using particular services on the Site, you are subject to any posted Policies applicable to services you use through the Site, which may be posted from time to time. You agree to observe and act in accordance with the Policies during the term of this Agreement. In the event you fail to do so, you agree to promptly correct your action when notified by us.
Amendments. Seller may amend this Agreement at any time at Seller’s sole discretion by posting the amendment(s) on Seller’s Site. You will be notified of the fact that this Agreement has been amended when you next log on to Seller’s Site and be asked to accept the new amendments before you can proceed further.
Dispute Resolution. If a dispute arises out of or relates to this agreement, the parties agree first to try in good faith to resolve the dispute by mediation before resorting to arbitration. Unless the parties agree otherwise, mediation shall take place in Flagstaff, Arizona, and the mediator(s) shall be selected from panels of mediators trained for the Coconino County Superior Court’s Alternative Dispute Resolution Program. Each party agrees to bear its own costs in mediation. This agreement does not constitute a waiver of the parties’ right to initiate arbitration if a dispute is not resolved through good faith negotiation or mediation. For purposes of any form of dispute resolution, including but not limited to mediation, arbitration or litigation, venue shall be in Coconino County, State of Arizona.
Survival. The following sections shall survive the termination of this Agreement: Sections 2 through 19.
Headings. Headings are for reference purposes only and do not limit the extent or scope of the corresponding Section.
Waiver. The failure to act with respect to a breach by the other party or by others does not waive a party's right to act with respect to subsequent or similar breaches.